The Volokh Conspiracy
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Ohio Legislator Proposes Criminalizing Planting a Flag at Midfield
A new type of sore-loser law.
Ohio Rep. Josh Williams is proposing a new law to make planting a flag at midfield after winning a football game a felony in the state of Ohio. The bill appears to have been inspired by the tussles between Ohio State and University of Michigan players after their most recent game, which Michigan won and at which a Michigan player sought to plant a Michigan flag on the OSU field.
From the ESPN report:
Ohio state Rep. Josh Williams introduced a bill Tuesday that would classify flag planting at Ohio Stadium around Buckeyes football games as a felony.
The O.H.I.O. Sportsmanship Act, authored by Williams, comes in response to Michigan's attempt to plant its flag after a Nov. 30 win at Ohio State, which set off a brawl between the teams. Police employed pepper spray to separate players and other team personnel. Ohio State University police are investigating the incident, which involved multiple law enforcement agencies and resulted in an injury to an officer.
According to Williams' bill, "No person shall plant a flagpole with a flag attached to it in the center of the football field at Ohio stadium of the Ohio State University on the day of a college football competition, whether before, during, or after the competition. Whoever violates this section is guilty of a felony of the fifth degree."
A fifth-degree felony is the least severe in Ohio and carries a penalty of six to 12 months in prison, up to a $2,500 fine and up to five years' probation.
According to Williams, the point of the bill is to prohibit conduct that could incite violence. That may be the intent, but this seems a bit much. The idea that planting a flag is tantamount to incitement is, frankly, the sort of argument one expects to hear from those who claim offensive language is inherently violent. Elite athletes, of all people, should be able to control themselves in such situations, and criminalizing expressive conduct out of concern for how others might respond seems to be enabling a heckler's veto. Are Buckeyes really not made of sterner stuff?
It seems to me there is a much easier way to prevent an opposing team from planting their flag at midfield: Win the game.
